What Constitutes a Hostile Work Environment?

There are legal restrictions to how employers and co-workers can act in the workplace. Harmful actions taken by your employer or co-workers based on discrimination may constitute a hostile work environment.

A workplace shouldn’t deteriorate one’s physical and mental health. However, according to the American Psychological Association (APA), 19% of participants admitted to working in a toxic work environment.

Bad working conditions don’t have to be tolerated alone. By working with an employment attorney, you know exactly what constitutes a hostile work environment and how to gather evidence that can prove your case.

The Definition of Hostile Work Environment

A hostile work environment involves continuous harassment that targets a person’s protected class (race, sex, disability, etc.). This harassment is not an isolated incident, but a constant occurrence that disrupts employee productivity.

Uncomfortable situations, work drama, and isolated incidents (unless severe) may not constitute a hostile work environment. Working conditions have to be so bad that:

1. You have to endure the harassment to stay employed.
2. The work atmosphere deteriorates into conditions a reasonable person would find abusive.

Any person can be responsible for creating a hostile work environment, such as co-workers, employers, and even customers. Victims can be anyone affected by this constant harassment.

What are the Criteria For a Hostile Work Environment?

The main criteria for a hostile work environment claim is that there’s a targeted pattern of harassment that contributes to an abusive work atmosphere.

Examples of actions that can create a hostile work environment include:

• Basing employment advances or rejections on sexual favors, known as quid pro quo harassment
• Telling off-color jokes concerning one’s sex, race, or disability
• Displaying sexually-suggestive imagery at the workplace

Courts often ask several questions to determine criteria that constitutes a hostile work environment, such as:

• Was this harmful behavior targeted towards your protected class?
• How often did this harassment occur?
• Would a reasonable person find this behavior offensive or cruel?

Hostile work environments can even spill onto remote settings as employers violate privacy laws, intruding on an employee’s own home.

What are the Three Types of Hostile Work Environment?

A toxic working environment can manifest in three different ways:

• Hostile behavior
• Discrimination based on a protected class
• Sexual harassment

These scenarios would have to play out over time or be isolated in a single, severe event to constitute a hostile work environment case.

Hostile Behavior

Overt bullying and hostile behavior should never be tolerated at work and is a prime example of a hostile work environment.

Hostile behavior can take the form of verbal insults, offensive remarks, or even threats to one’s life. This can spill into workplace violence if employers allow toxic work culture to continue.

Examples of hostile behavior include:

• Constant negative remarks towards one’s protected characteristics
• Endangering one’s safety through open threats
• Unwanted touching or physical assault

Another form of hostility is exclusionary behavior, where one is left out of important meetings or events due to one’s protected characteristics.

Exclusionary behavior can stifle growth opportunities as employers decide someone didn’t “fit in” with the rest of their co-workers. Don’t let negligent employers and hostile co-workers tolerate harmful behavior at work.

Discrimination Based on a Protected Class

Willful discrimination based on a protected class is one of the most significant criteria for a hostile work environment claim. Behavior that discriminates between workers violates several federal laws, notably Title VII of the Civil Rights Act of 1964.

Discrimination can take several forms that can halt growth and promote division between co-workers:

• Unequal pay or work opportunities
• Exclusion from workplace activities
• The use of racial or sexist slurs

It can be tricky to differentiate discrimination from simple unpleasant behavior. You may need evidence and witness testimonies to prove you suffered a hostile work environment fueled by discrimination.

Sexual Harassment

Federal law protects anyone in the workplace from discrimination due to their sex. Consistent violations to this rule is considered sexual harassment, regardless of intent by the harasser.

Examples of sexual harassment may include:

• Non-consensual sexual advances
• Sharing inappropriate jokes or imagery
• Mandatory sexual favors
• Verbal or physical sexual harassment

According to the National Sexual Violence Resource Center (NSVRC), 38% of women and 14% of men reported sexual harassment at work.

Even with such numbers, most believe that sexual harassment is underreported, with several workplaces accepting such behavior into their work culture.

“For example, one study cited in the report found that 90% of individuals who say they have experienced harassment never take formal action against the harassment, such as filing a charge or a complaint.”

–U.S. Equal Employment Opportunity Commission

Never tolerate sexual harassment in the workplace, as it’s often the leading factor to a hostile work environment.

How to Prove a Hostile Work Environment Case

When proving a hostile work environment, it’s important to gather evidence indicating discriminatory behavior. This must have occurred repeatedly or happened in one severe instance, creating bad working conditions.

Examples of such evidence may include:

• A detailed record of harassment incidents with dates, times, and parties involved
• Witness testimonies showing the negative effects of your toxic work environment
• Copies of your company’s harassment policy if present

The first thing you should do to prove a hostile work environment is report a harassment charge to your employer.

This gives your employer a chance to resolve the issue and prevents them from retaliating against you when reporting your case.

Document any of your performance reports and emails showcasing your merit as an employee. If you still suffered adverse actions despite excelling at work, you can use this as evidence of discrimination by your employer.

Can You Quit a Hostile Work Environment?

It’s possible to quit a hostile work environment, but it’s best to report the situation to your employer before quitting.

It’s federally illegal for employers to retaliate against an employee for reporting a harassment charge. If you refuse working for a hostile work environment, your case may be considered a constructive discharge.

This distinction allows you to qualify for unemployment benefits if you were forced to quit due to protecting yourself from toxic working conditions.

Hold Them Accountable With a Reliable Employment Attorney

Employment cases may involve several witnesses and testimonies you may not be able to collect on your own.

Work with an employment attorney to strengthen your case against a hostile work environment that caused you harm.

To connect with a legal specialist in your state, contact LegalASAP. We’re an attorney referral network that’s connected with 500+ law firms throughout the United States. We’re ready to assist you in case you were hurt by a hostile work environment.

To start, fill out this short evaluation form or call 1-888-927-3080 to connect with our representatives directly.